NSW Caselaw
New South Wales Supreme Court
CITATION : Choy v Hoang [2007] NSWSC 390 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 28 March 2007
JUDGMENT DATE : 28 March 2007
JUDGMENT OF : Hammerschlag J
EX TEMPORE JUDGMENT DATE : 28 March 2007
DECISION : Plaintiff entitled to declaration as to caveatable interest which has been found. Leave granted pursuant to s 74O of the Real Property Act 1900 (NSW) to lodge further caveat.
CATCHWORDS : REAL PROPERTY – Torrens title system – Caveats against dealings – Whether mere claim of "equitable interest" in caveat is adequate to specify interest claimed –Loan agreement provided lender could caveat without specifying particular interest and gave right to sell the property on default of loan – Caveatable interest established on basis that grant of authority to lodge caveat and to sell the property carried with it by implication such interest in the land as necessary to enable the authority to be exercised
LEGISLATION CITED : Real Property Regulation 2003 (NSW) Real Property Act 1900 (NSW)
Warden v Mortgage House No. 1 Pty Ltd [2006] NSWSC 1462 CASES CITED : Hanson Construction Materials Pty Ltd v Vimwise Civil Engineering Pty Ltd [2005] NSWSC 880 Troncone v Aliperti (1994) 6 BPR 13,291
PARTIES : Stephen Jong Choy -v- Diana Dulan Hoang
FILE NUMBER(S) : SC 1361/2007
COUNSEL : P. Ryan (Plaintiff) F. Sinclair (Defendant)
SOLICITORS : Accentro Legal (Plaintiff) Segal & Associates (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate